Digests

In a marriage declared void ab initio due to psychological incapacity under Article 36 of the Family Code, the property relations of the parties during the period of cohabitation are governed by the rules on co-ownership under Article 147, not by the rules on conjugal partnership of gains or absolute community of property.

The case originated from a petition filed by the husband to declare his marriage null and void based on Article 36 of the Family Code. After the trial court granted the nullity, a dispute arose regarding the applicable laws for liquidating the couple's common properties, specifically the family dwelling. The trial court issued a clarification order stating that the rules of co-ownership applied, which the petitioner contested, arguing for the application of laws governing valid or voidable marriages.

Nullity of marriage; Effects

Mustang Lumber, Inc. vs. Court of Appeals

18th June 1996

ak227007

257 SCRA 430 , 327 Phil. 214 , G.R. No. 104988 , G.R. No. 106424 , G.R. No. 123784

The Supreme Court upheld that lumber is included within the term "timber" in P.D. No. 705, as amended, and its possession without appropriate legal documents is a punishable offense. It reversed the lower court’s ruling that dismissed the criminal case, reinstated the information, and directed the trial court to proceed with dispatch. The Court also affirmed the DENR's administrative authority to seize lumber and enforce forest laws.

The case arose from DENR's seizure of lumber stockpiles from Mustang Lumber, Inc., claiming the company failed to present necessary documents proving the legal acquisition and transport of the forest products. The company contested the seizure as illegal and argued that "lumber" does not fall under the punishable scope of P.D. No. 705.

256 SCRA 396 , 326 Phil. 416 , G.R. No. 116763

Fariñas vs. Barba

19th April 1996

ak562962

The Provincial Governor appoints replacements for permanent vacancies in the Sangguniang Bayan caused by non-partisan members, but only upon recommendation of the Sangguniang Bayan.

Carlito Domingo (non-partisan Sangguniang Bayan member) resigned, triggering a dispute over appointment authority between Governor Farinas and Mayor Barba.

326 Phil. 169 , 256 SCRA 158 , G.R. No. 116607

Tuason vs. Court of Appeals

10th April 1996

ak243331

Notice sent to counsel of record is binding upon the client, and the neglect or failure of counsel to inform the client of an adverse judgment resulting in the loss of the right to appeal is not a ground for setting aside a judgment valid and regular on its face; a petition for relief from judgment is an equitable remedy available only when there is no other adequate remedy and cannot be availed of when the loss of the remedy at law was due to the party's own negligence.

The dispute arises from a petition for annulment or declaration of nullity of marriage filed by the wife against the husband on grounds of psychological incapacity, physical abuse, drug addiction, and infidelity. The husband participated in the initial stages of the trial but failed to appear during the presentation of his evidence, leading to a judgment by default against him which became final and executory.

253 SCRA 391 , 323 Phil. 462 , G.R. No. 105944

Legal separation

Eduarte vs. Court of Appeals

9th February 1996

ak813360

The Supreme Court held that while the revocation of the donation was valid due to the donee's ingratitude through forgery, the petitioner-spouses were purchasers in good faith. Consequently, the deed of absolute sale to the petitioners and their title were upheld, but the fraudulent donee was held liable for damages to the original donor.

Pedro Calapine donated land to his niece, Helen Doria. Later, he claimed that a second deed of donation conveying the entire property was forged by Doria and sought to revoke the donation due to her ingratitude. Doria then sold the land to Spouses Eduarte. The lower courts sided with Calapine, revoking the donation and declaring the Eduartes buyers in bad faith, leading to this appeal.

248 SCRA 300 , 318 Phil. 329 , G.R. No. 119976

Romualdez-Marcos vs. Commission on Elections

18th September 1995

ak456788

The Supreme Court ruled that Imelda Romualdez-Marcos met the residency requirement to run for Congress in the First District of Leyte, overturning the disqualification issued by the COMELEC.

Imelda Romualdez-Marcos filed her Certificate of Candidacy (COC) for Representative of the First District of Leyte, declaring seven months of residency. Her political opponent, Cirilo Roy Montejo, filed a petition to disqualify her on the grounds of failing to meet the one-year residency requirement. Marcos later amended her COC, stating that she had been a resident "since childhood," but the COMELEC refused to accept this correction and ruled her disqualified. The Supreme Court reviewed the case and reversed the COMELEC's decision.

Philosophy of Law

Philippine Press Institute, Inc. vs. Commission on Elections

22nd May 1995

ak691461

314 Phil. 131 , 244 SCRA 272 , G.R. No. 119694

Section 2 of COMELEC Resolution No. 2772, which compels newspapers to provide free print space for political candidates, is unconstitutional as it constitutes taking of private property for public use without just compensation and is therefore null and void. Section 8's constitutionality was not ruled upon as it lacked a justiciable controversy.

COMELEC issued Resolution No. 2772 to procure free print space in newspapers for candidates to publicize their qualifications and platforms during the 1995 elections. This was intended to be similar to the voluntary practice by some publishers in the 1992 elections. PPI, representing newspaper publishers, challenged this resolution as an unconstitutional taking of private property.

G.R. No. 112381 , 242 SCRA 509

Eminent Domain

Apa vs. Fernandez

20th March 1995

ak915647

A pending civil action that directly questions the ownership of a property constitutes a prejudicial question to a criminal prosecution for squatting on the same property, as the resolution of the ownership issue is determinative of the guilt or innocence of the accused.

Petitioners were criminally charged under the Anti-Squatting Law (P.D. 772) for allegedly occupying a portion of Lot No. 3635-B and constructing their houses thereon without the consent of the registered owner, private respondent Rosita Tigol. However, three years prior to the filing of the criminal case, the petitioners had already initiated a civil action against the private respondents. This civil case sought to annul Rosita Tigol's title (TCT No. 13250) over the same lot and to have the property partitioned among them as co-heirs, asserting that they were co-owners of the land in question.

312 Phil. 259 , G.R. No. 118577 , G.R. No. 118627

Mariano, Jr. vs. Commission on Elections

7th March 1995

ak024914

Republic Act No. 7854, particularly its sections 2 (territorial delineation), 51 (continuity of officials and new corporate existence), and 52 (creation of legislative districts), is constitutional. The delineation of territory by reference to existing boundaries is permissible, especially with pending boundary disputes. Challenges to term limits based on future contingencies are premature. Reapportionment of legislative districts can be done through a special law creating a new city, and the population requirement for an additional district was met.

Republic Act No. 7854 was enacted to convert the Municipality of Makati into a highly urbanized city. This conversion and specific provisions within the Act, such as the definition of its territory, the status of incumbent officials, and the creation of new legislative districts, prompted legal challenges from taxpayers and a senator who questioned their compliance with constitutional and statutory requirements.

240 SCRA 20 , 310 Phil. 21 , G.R. No. 112019

Santos vs. Court of Appeals

4th January 1995

ak322702

Psychological incapacity under Article 36 of the Family Code must be characterized by gravity, juridical antecedence, and incurability; it refers to a mental, not physical, incapacity that causes a party to be truly incognitive of the basic marital covenants, and it must be a malady so deep-seated that it renders the person incapable of fulfilling the essential obligations of marriage, which must be proven to have existed at the time of the celebration of the marriage.

Persons and Family Law Philosophy of Law

The case arose from the application of the then-novel provision of Article 36 of the Family Code, which took effect in 1988. This provision, which introduced "psychological incapacity" as a ground to void a marriage, was adopted from Canon Law but was not defined in the statute itself. This lack of a clear definition led to varying interpretations and necessitated a definitive ruling from the Supreme Court to establish jurisprudential guidelines for its application by the courts.

Article 36, Family Code

JUSMAG Philippines vs. NLRC

15th December 1994

ak645294

239 SCRA 224 , 309 Phil. 213 , G.R. No. 108813

The Joint United States Military Assistance Group to the Republic of the Philippines (JUSMAG-Philippines), when performing governmental functions pursuant to the Military Assistance Agreement between the Philippines and the United States, is immune from suit, and such immunity is not waived by entering into employment contracts related to these sovereign functions.

JUSMAG-Philippines was created pursuant to the Military Assistance Agreement of March 21, 1947, between the Philippines and the United States, with the primary task of advising and assisting the Philippines on military matters. Initially, the costs of locally employed personnel were borne by the Republic of the Philippines, but this changed in 1991 when the US Government offered to provide funds for the salaries of security assistance support personnel (SASP) and other operational costs.

G.R. No. 106720 , 236 SCRA 488 , 306 Phil. 500

Ajero vs. Court of Appeals

15th September 1994

ak415766

The failure to authenticate alterations or to sign and date certain dispositions in a holographic will under Articles 813 and 814 of the Civil Code does not render the entire will void and is not a ground for disallowance, provided the will complies with the essential requisite of being entirely written, dated, and signed by the hand of the testator under Article 810.

The dispute arose following the death of Annie Sand when her heirs and named devisees presented her holographic will for probate, prompting opposition from other relatives who questioned the will's authenticity, the presence of unauthenticated corrections, and the testatrix's ownership of a specific property devised in the will.

305 Phil 686 , G.R. No. 115455 , G.R. No. 115525 , G.R. No. 115543 , G.R. No. 115544 , G.R. No. 115754 , G.R. No. 115781 , G.R. No. 115852 , G.R. No. 115873 , G.R. No. 115931

Tolentino vs. Secretary of Finance

25th August 1994

ak459748

Republic Act No. 7716, the Expanded Value-Added Tax Law, is constitutional, having been enacted in compliance with the procedural requirements of the Constitution, and its provisions do not, on their face, violate the Bill of Rights or other constitutional mandates concerning taxation, freedom of speech and religion, or impairment of contracts; claims regarding its regressive nature or oppressiveness are considered prematurely raised without a sufficient factual record.

The Philippine government sought to widen the tax base of the existing Value-Added Tax (VAT) system and enhance its administration to address a growing budget deficit and improve revenue collection. This led to the legislative effort to amend the National Internal Revenue Code (NIRC) through what would become Republic Act No. 7716. The law aimed to remove certain VAT exemptions, expand the coverage of VAT to previously exempt goods and services, and restructure its application, sparking widespread opposition from various sectors who feared its economic impact and questioned its legality.

305 Phil. 546 , G.R. No. 113105 , G.R. No. 113174 , G.R. No. 113766 , G.R. No. 113888

Philippine Constitution Association vs. Enriquez

19th August 1994

ak037325

The President has the power to veto "inappropriate provisions" in a general appropriations bill, treating them as items for veto purposes, even if they are not specific appropriations of money, particularly if such provisions attempt to amend substantive law or encroach on executive functions; however, the President cannot veto a provision that is directly related to an item of appropriation without vetoing the item itself.

The case arose from the enactment of Republic Act No. 7663, the General Appropriations Act (GAA) for 1994. After its passage by both houses of Congress, the President signed it into law but vetoed several provisions and imposed conditions on others through a Presidential Veto Message. Various groups, including the Philippine Constitution Association and several Senators, questioned the constitutionality of certain provisions of the GAA itself (like the Countrywide Development Fund and realignment of operational expenses) and the legality of the President's exercise of the veto power over specific items and special provisions, leading to these consolidated petitions before the Supreme Court.

232 SCRA 110 , G.R. No. 113375

Kilosbayan, Incorporated vs. Guingona, Jr

5th May 1994

ak025475

The Supreme Court granted the petition and declared the Contract of Lease between PCSO and PGMC invalid, holding that it contravenes Section 1 of R.A. No. 1169, as amended by B.P. Blg. 42.

PCSO decided to establish an on-line lottery system to increase revenue, leading to a Request for Proposal (RFP). PGMC was formed by the Berjaya Group Berhad to bid on the project. The resulting contract was challenged by Kilosbayan, Inc. and others.

230 SCRA 460 , 300 Phil. 486 , G.R. No. 106090

Fernandez vs. National Labor Relations Commission

28th February 1994

ak756155

Project employees in the construction industry are terminated lawfully upon project completion, even after years of intermittent service. The petition was dismissed for being filed unreasonably late and lacking merit.

Fernandez worked for D.M. Consunji from 1974 to 1986 across multiple projects. The company argued his termination resulted from project completion, while Fernandez alleged indefinite employment. The Labor Arbiter initially ruled for Fernandez, but the NLRC reversed the decision.

300 Phil. 78 , G.R. No. 106169 , 230 SCRA 79

Sabalones vs. Court of Appeals

14th February 1994

ak393504

A writ of preliminary injunction may be validly issued to prevent a spouse from interfering with the administration of conjugal properties during the pendency of an appeal in a legal separation case, particularly when there is a threat of asset dissipation and the trial court has already decreed the forfeiture of that spouse's share due to adultery.

Samson Sabalones was a member of the diplomatic service who, during his assignments abroad, left the administration of their conjugal properties to his wife, Remedios, for fifteen years. Upon his retirement in 1985, Samson returned to the Philippines but did not return to his legitimate family, choosing instead to live with a paramour, Thelma Cumareng, with whom he had contracted a bigamous marriage.

277 SCRA 509 , 298 Phil. 291 , G.R. No. 79732

Legal separation

Republic vs. Court of Appeals

8th November 1993

ak848377

The Court held that the judicial declaration of the unconstitutionality of a law should apply retroactively to cases that were still pending at the time of the declaration.

This case involved the expropriation of land for a highway project where the government wanted to use a method of compensation that had been declared unconstitutional in a previous case.

297 Phil. 394 , G.R. No. 75025

Eminent Domain

Garcia vs. Commission on Audit

14th September 1993

ak053844

A public employee reinstated pursuant to an executive clemency grounded on the employee's innocence is entitled to full back wages from the date of illegal dismissal to the date of reinstatement, as the clemency obliterates the adverse effects of the administrative decision and nullifies the dismissal.

Petitioner Vicente Garcia was a Supervising Lineman summarily dismissed from the Bureau of Telecommunications on April 1, 1975, for alleged dishonesty related to the loss of telegraph poles. A criminal case for qualified theft based on the same facts was filed against him. He was acquitted in the criminal case, with the trial court noting his innocence and commending his dedication. Despite the acquittal, his request for reinstatement was initially denied, leading him to seek executive clemency, which was eventually granted.

226 SCRA 347 , 297 Phil. 384 , G.R. No. 74695

Alvarado vs. Gaviola

14th September 1993

ak008444

Substantial compliance with the double-reading requirement under Article 808 of the Civil Code is sufficient for the validity of a will if the purpose of the law has been satisfied. When a testator is "blind" (including those incapable of reading due to poor vision), the requirement that the will be read twice is intended to protect the testator from fraud; however, if the contents are sufficiently communicated to the testator in the presence of the witnesses and the notary, and the testator affirms the same, the spirit of the law is served even if the literal procedure is not followed.

Brigido Alvarado, at age 79, executed a notarial will ("Huling Habilin") in November 1977, which disinherited his illegitimate son (the petitioner) and revoked a previous holographic will. In December 1977, he executed a codicil to modify certain dispositions to fund an eye operation for his glaucoma. At the time of execution, his vision was extremely poor, described as "counting fingers at three feet."

224 SCRA 792 , 296 Phil. 694 , G.R. No. 101083

Oposa vs. Factoran, Jr.

30th July 1993

ak199582

The Supreme Court held that petitioners, including minors representing their generation and generations yet unborn, have the legal standing (locus standi) to sue for the enforcement of their fundamental constitutional right to a balanced and healthful ecology, which is self-executing and judicially enforceable. Furthermore, Timber License Agreements (TLAs) are not contracts but mere privileges granted by the State, which can be amended, modified, replaced, or rescinded when the national interest so requires, and thus are not protected by the non-impairment of contracts clause.

Constitutional Law I Philosophy of Law

The case arose amidst growing concerns over rapid deforestation in the Philippines and its detrimental environmental consequences. Petitioners highlighted the significant reduction in the country's rainforest cover over 25 years, from approximately 16 million hectares to about 1.2 million hectares by 1987, and further to a mere 850,000 hectares of virgin old-growth rainforests. This deforestation was attributed largely to commercial logging operations sanctioned by Timber License Agreements (TLAs) issued by the Department of Environment and Natural Resources (DENR), leading to severe environmental degradation, including water shortages, soil erosion, loss of biodiversity, and climate change impacts.

Philip Morris, Inc. vs. Court of Appeals

16th July 1993

ak115794

296 Phil. 451 , G.R. No. 91332

A foreign corporation, even if it has registered trademarks in the Philippines and possesses the capacity to sue for infringement under Section 21-A of the Trademark Law, is not automatically entitled to a writ of preliminary injunction unless it can establish actual use of its trademarks in commerce in the Philippines, as required by Sections 2 and 2-A of the Trademark Law, to demonstrate a clear and unmistakable right that is being violated and that would result in irreparable injury.

Petitioners are foreign corporations and registered owners of the trademarks "MARK VII," "MARK TEN," and "LARK" for cigarettes in the Philippines. They alleged that Fortune Tobacco Corporation's manufacture and sale of "MARK" cigarettes infringed their trademarks. Petitioners are not doing business in the Philippines but claimed to be suing on an isolated transaction and under the protection of international conventions and Philippine trademark law. The dispute centered on whether Fortune's use of "MARK" should be preliminarily enjoined pending the outcome of the main infringement case.

294 Phil. 801 , 222 SCRA 781 , G.R. No. 103554

Caneda vs. Court of Appeals

28th May 1993

ak863046

An attestation clause must specifically state that the witnesses signed the will and all its pages in the presence of the testator and of one another; the total omission of this factual recital constitutes a fatal defect that renders the will void, as the "substantial compliance" rule under Article 809 only applies to defects in form or language that can be remedied by an examination of the will itself (intrinsic evidence) rather than extrinsic evidence.

Mateo Caballero, a childless widower, executed a notarial will in 1978, leaving his estate to several individuals who were not his relatives. Seeking to ensure the validity of his dispositions, Mateo himself filed a petition for the probate of his will during his lifetime, but he passed away before the probate court could conclude the hearings.

222 SCRA 644 , G.R. No. 99327

Ateneo de Manila University vs. Capulong

27th May 1993

ak203562

The Supreme Court held that the expulsion of the students by Ateneo de Manila University was valid, as the university followed due process in its disciplinary proceedings. The Court emphasized the institution's academic freedom to set and enforce its own rules and standards, including the right to dismiss students for serious violations.

The case arose from a hazing incident during the initiation rites of the Aquila Legis fraternity at Ateneo Law School in February 1991. The hazing resulted in the death of Leonardo Villa and serious injuries to another student, Bienvenido Marquez. The university conducted an investigation and expelled the students involved. The expelled students challenged their dismissal, claiming a violation of due process.

Philosophy of Law

Ebralinag vs. Division of Superintendent of Schools of Cebu

1st March 1993

ak778863

292 Phil. 267 , 321 Phil. 967

The expulsion of students who are members of Jehovah's Witnesses for their refusal, based on religious convictions, to salute the flag, sing the national anthem, and recite the patriotic pledge during school flag ceremonies is unconstitutional, as it infringes upon their right to freedom of religion and their right to free basic education, provided their non-participation is done respectfully and does not disrupt the ceremony or offend others.

The case arose from the long-standing conflict between state-mandated flag ceremonies in educational institutions, intended to foster patriotism, and the religious beliefs of Jehovah's Witnesses, who consider such acts as forms of worship prohibited by their faith. This issue had previously been decided by the Supreme Court in Gerona vs. Secretary of Education (1959), which upheld the legality of expelling students for non-participation, a ruling that gained legislative endorsement through the Administrative Code of 1987. The present cases challenged the continued application of this policy.

219 SCRA 115 , G.R. No. 97336

Freedom of Religion

Gashem Shookat Baksh vs. Court of Appeals

19th February 1993

ak910606

A breach of promise to marry is not actionable per se, but it can be the basis for recovering damages under Article 21 of the Civil Code if the promise was made in a fraudulent and deceptive manner to entice a woman into sexual congress (moral seduction), thereby causing willful injury to her honor and reputation in a manner contrary to morals, good customs, or public policy.

The case arose from a romantic relationship between Gashem Shookat Baksh, an Iranian medical student residing in Dagupan City, and Marilou T. Gonzales, a 22-year-old Filipina working at a luncheonette. Baksh courted Gonzales and promised to marry her, which led her to live with him with her parents' consent. The dispute began when Baksh later repudiated his promise, prompting Gonzales to file a suit for damages based on the alleged fraudulent promise and the resulting injury to her honor.

G.R. No. 86683 , 217 SCRA 328

Yu vs. Court of Appeals

21st January 1993

ak986897

A third party or a stranger to an exclusive distributorship contract can be enjoined from interfering with that contract; the right to perform such an agreement and reap the profits therefrom is a proprietary right, and its violation through deceptive means that results in continuous and repeated injury to a party's business and goodwill constitutes irreparable harm warranting the issuance of a writ of preliminary injunction.

Petitioner Philip S. Yu held an exclusive sales agency agreement with the House of Mayfair in England to be the sole distributor of its wallcovering products in the Philippines since 1987. Private respondent Unisia Merchandising Co., Inc., which was previously a dealer for the petitioner, began importing and selling the same Mayfair products in the Philippine market. Unisia sourced the products not directly from House of Mayfair, but through FNF Trading, a firm in West Germany, which allegedly misled House of Mayfair into believing the products were intended for Nigeria. This created direct competition and led the petitioner to seek legal action to protect his exclusive rights.

217 SCRA 16 , G.R. No. 88694

Albenson Enterprises Corp. vs. Court of Appeals

11th January 1993

ak134873

A party who files a criminal complaint against another based on probable cause and in good faith cannot be held liable for damages under the principle of abuse of rights or for malicious prosecution, even if it is later discovered that the complaint was filed against the wrong person due to an honest mistake of identity. The law does not penalize the right to litigate, and an adverse result of an action does not, by itself, make the act wrongful or subject the actor to payment of damages.

Albenson Enterprises Corporation delivered mild steel plates to Guaranteed Industries, Inc. but was paid with a check that was subsequently dishonored for "Account Closed." The check was drawn against the account of E.L. Woodworks. In an attempt to collect the payment, Albenson conducted inquiries which led them to believe that Eugenio S. Baltao, the president of Guaranteed Industries, was the same "Eugenio Baltao" who owned E.L. Woodworks and issued the check. This belief was based on records from the SEC, the Ministry of Trade and Industry, and the drawee bank. This case of mistaken identity led to the filing of a criminal complaint and the subsequent civil suit for damages.

290-A Phil. 488 , 216 SCRA 692 , G.R. No. 82606

Partosa-Jo vs. Court of Appeals

18th December 1992

ak343261

The Supreme Court held that a technical omission in the dispositive portion of a final judgment may be corrected to conform with the body of the decision when necessary to serve substantive justice, and that under the Family Code, physical separation coupled with a refusal to provide support constitutes abandonment and failure to comply with family obligations, which are valid grounds for judicial separation of property.

The case arises from a marital dispute where the husband, a Chinese citizen, admitted to cohabiting with three different women and fathering fifteen children, while denying the validity of his marriage to the petitioner. After being refused entry to the conjugal home in 1942 and denied financial support since 1968, the petitioner sought legal remedies to secure support and separate the conjugal assets accumulated during the marriage, some of which were registered in the names of dummies.

286 Phil. 397 , G.R. No. 105111 , G.R. No. 105384

Legal separation

Labo, Jr. vs. Commission on Elections

3rd July 1992

ak581326

A candidate previously declared by a final Supreme Court judgment to be a non-Filipino citizen remains disqualified from running for and holding public office unless reacquisition of Philippine citizenship is proven; winning an election does not cure such ineligibility, and the candidate receiving the second-highest number of votes is not entitled to be proclaimed the winner, with the vacancy to be filled by operation of the rule on succession (i.e., by the vice-mayor elect).

This case arose after Ramon L. Labo, Jr., despite a previous Supreme Court ruling in 1989 (Labo v. Commission on Elections, 176 SCRA 1) declaring him not a Filipino citizen, filed a certificate of candidacy for Mayor of Baguio City in the May 11, 1992 elections, asserting he was a "natural-born" Filipino. Roberto Ortega, another mayoral candidate, subsequently filed a disqualification case against Labo before the Commission on Elections (Comelec) based on this prior judgment and Labo's alleged false representation of citizenship.

Amelita Constantino and Michael Constantino vs. Ivan Mendez and the Honorable Court of Appeals

14th May 1992

ak349766

G.R. No. 57227

Paternity and filiation must be established by clear and convincing evidence, and the burden of proof rests on the claimant. Furthermore, moral damages for breach of promise to marry are not recoverable when sexual intercourse is a product of voluntariness and mutual desire, rather than deceit or fraud.

In August 1974, Amelita Constantino, a 28-year-old waitress in Manila, met Ivan Mendez, a prosperous businessman from Davao City. Mendez allegedly professed his love and, through a promise of marriage, convinced Constantino to have sexual intercourse with him in his hotel room. Immediately after, he confessed that he was already married. Despite this revelation, they continued their sexual relationship in the succeeding months. Constantino became pregnant and later gave birth to a son, Michael Constantino. When her pleas for support were ignored, she filed a suit for acknowledgment, support, and damages against Mendez.

284-A Phil. 233 , G.R. No. 92585

Caltex Philippines, Inc. vs. Commission on Audit

8th May 1992

ak960993

The Commission on Audit (COA) possesses broad powers under the 1987 Constitution to examine, audit, and settle all government accounts, and to promulgate rules for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures, which includes the authority to disallow claims not sanctioned by law, such as certain reimbursements from the Oil Price Stabilization Fund (OPSF).

The case revolves around the Oil Price Stabilization Fund (OPSF), created by P.D. No. 1956, as amended by E.O. No. 137. The OPSF was established to minimize frequent price changes of crude oil and petroleum products due to exchange rate adjustments or world market price changes, and to reimburse oil companies for cost increases and certain cost underrecoveries. The Department of Energy (formerly Ministry of Energy/Office of Energy Affairs) administered the OPSF, with the Department of Finance determining specific reimbursable "other factors" leading to cost underrecovery.

206 SCRA 9 , 282 Phil. 905 , G.R. No. L-30440

Mapulo Mining Corporation vs. Lopez

7th February 1992

ak606231

Strict compliance with the publication requirements under Section 72 of the Mining Act is mandatory and cannot be substituted with "substantial compliance." Failure to publish in local newspapers where the mining claim is located invalidates the lease application process.

The case arose when Project Ventures, Inc. (PROVEN) filed mining lease applications conflicting with prior claims by Mapulo Mining Association and E.V. Chavez & Associates. Petitioners opposed PROVEN’s applications, arguing that the notice's publication did not strictly comply with the Mining Act and that PROVEN’s claims violated sections of the law relating to mining claims on private lands.

280 Phil. 829 , G.R. No. 89914

Bengzon Jr. vs. Senate Blue Ribbon Committee

20th November 1991

ak129190

The Senate Blue Ribbon Committee is enjoined from compelling the petitioners to testify and produce evidence because its contemplated inquiry is not in aid of legislation and, if pursued, would violate the principle of separation of powers by encroaching upon matters already within the jurisdiction of the Sandiganbayan, and would disregard the petitioners' constitutional rights, particularly the right against self-incrimination, given the pending judicial case involving the same issues.

Following the 1986 People's Revolution, the Presidential Commission on Good Government (PCGG) was tasked with recovering alleged ill-gotten wealth accumulated by former President Ferdinand E. Marcos, his family, and close associates. One such associate was Benjamin "Kokoy" Romualdez. The PCGG filed Civil Case No. 0035 before the Sandiganbayan against Romualdez and others, including the petitioners, for reconveyance, reversion, accounting, restitution, and damages related to numerous corporations allegedly acquired through illicit means. The Senate Blue Ribbon Committee subsequently initiated an inquiry into the purported sale of these Romualdez corporations to the Lopa Group, a transaction also central to the PCGG's case.

277 Phil. 311 , G.R. No. 93252 , G.R. NO. 93746 , G.R. NO. 95245

Ganzon vs. Court of Appeals

5th August 1991

ak696650

The President of the Philippines, through the Secretary of Local Government, possesses the authority to investigate and impose preventive suspensions on elective local officials in accordance with the procedures and limitations set forth in the Local Government Code (Batas Blg. 337), as this power is a component of the President's general supervision over local governments and was not abrogated by the 1987 Constitution; however, such power must not be exercised oppressively, and successive suspensions for numerous charges arising from acts committed prior to the first suspension may be curtailed to prevent what amounts to a de facto removal from office.

The cases arose from a series of administrative complaints filed in 1988 against Mayor Rodolfo Ganzon of Iloilo City and Sangguniang Panglunsod member Mary Ann Rivera Artieda. The complaints, lodged by various city officials, alleged offenses such as abuse of authority, oppression, grave misconduct, and culpable violation of the Constitution. These complaints led to investigations by the Department of Local Government and the imposition of preventive suspensions by the Secretary of Local Government, prompting the petitioners to question the Secretary's authority under the new constitutional framework emphasizing local autonomy.

200 SCRA 80 , 277 Phil. 93 , G.R. No. 93177 , G.R. No. 95020 , G.R. No. 96948 , G.R. No. 97454

Comendador vs. De Villa

2nd August 1991

ak165261

The pre-trial investigation substantially complied with legal requirements despite petitioners’ procedural delays. The right to peremptory challenge under the Articles of War was revived after PD 39 became ineffective post-martial law. Regional Trial Courts (RTCs) lack jurisdiction to interfere in military court-martial proceedings or grant bail to military personnel.

Following a failed December 1989 coup, AFP officers were charged with mutiny, murder, and related offenses under the Articles of War. They contested the legality of the Pre-Trial Investigation (PTI) Panel, the General Court-Martial (GCM) No. 14’s composition, and the denial of peremptory challenges. Civilian RTCs granted provisional liberty to some officers via certiorari and habeas corpus, prompting appeals to the Supreme Court.

199 SCRA 692 , 276 Phil. 758 , G.R. Nos. 92191-92 , G.R. Nos. 92202-03

Co vs. Electoral Tribunal of the House of Representatives

30th July 1991

ak810844

The Supreme Court affirmed HRET’s decision, declaring Jose Ong, Jr. a natural-born Filipino citizen and resident of Laoang, Northern Samar, dismissing the petitions for lack of grave abuse of discretion by HRET.

Jose Ong, Jr. won the 1987 congressional election for Northern Samar’s second district. Petitioners Co and Balanquit filed protests with HRET, contesting Ong’s citizenship and residency. HRET ruled in Ong’s favor, prompting petitioners to seek certiorari before the Supreme Court.

198 SCRA 401 , 275 Phil. 447 , G.R. No. 91107

People vs. Malmstedt

19th June 1991

ak473261

A warrantless search of a moving vehicle and its passengers is valid when based on probable cause, which can arise from specific intelligence reports combined with the suspicious conduct of the person being searched, even without a warrant obtained beforehand due to the exigencies of the situation.

The case arose amidst persistent reports received by the First Regional Command (NARCOM) of the Philippine Constabulary that vehicles originating from Sagada were being used to transport marijuana and other prohibited drugs through the Cordillera Region.

G.R. No. 80767 , 273 Phil. 390

Searches and Seizures

Boy Scouts of the Phils. vs. NLRC

22nd April 1991

ak950766

Employees of government-owned or controlled corporations with original charters are embraced within the Civil Service and governed by Civil Service Law, not the Labor Code; labor tribunals have no jurisdiction over their employment disputes.

195 SCRA 748 , 273 Phil. 115 , G.R. No. 90596

The case arose from a dispute over the juridical nature of the BSP — specifically, whether it operates as a private non-profit organization or as a government entity. The determination of this status was critical because it dictates the applicable legal regime for its employees: the Labor Code (if private) or the Civil Service Law (if public). The BSP was created by legislative charter during the Commonwealth period and had historically operated with substantial government participation in its governance structure.

Administrative Law

Solid Manila Corporation vs. Bio Hong Trading Co

8th April 1991

ak658021

The easement of right-of-way in favor of the public was validly constituted and was not extinguished by merger when Bio Hong Trading Co., Inc. acquired the property; therefore, Bio Hong must respect and maintain the easement, removing any obstructions.

Solid Manila Corporation claimed a right-of-way over a private alley located on property owned by Bio Hong Trading Co., Inc. This alley was established by a prior owner and annotated on Bio Hong's title. Bio Hong constructed steel gates obstructing the alley, leading Solid Manila to file for injunction to remove the gates and enforce the easement.

195 SCRA 433 , 272-A Phil. 412 , G.R. No. 43346

Ronquillo vs. Court of Appeals

20th March 1991

ak198213

The dried-up portion of Estero Calubcub is public land, not private property of the riparian owners, because its drying up was caused by human intervention and not a natural change in the course of the waters.

Rosendo del Rosario and his daughters claimed ownership of a dried-up estero portion adjacent to their titled land, asserting riparian rights. Mario Ronquillo occupied this portion and claimed it was public land. The Director of Lands and Development Bank of the Philippines were later impleaded as respondents.

272 Phil. 532 , G.R. No. 88582

People vs. Ritter

5th March 1991

ak344111

An accused cannot be convicted of Rape with Homicide if the prosecution fails to prove beyond reasonable doubt the victim's age (for statutory rape) and the direct causal link between the accused's actions and the victim's death, especially when significant time has elapsed and other intervening causes are plausible; however, acquittal from criminal liability does not necessarily extinguish civil liability if the acquittal is based on reasonable doubt and facts supporting civil liability for acts contrary to morals, good customs, public order or public policy are established by a preponderance of evidence.

The case arose from the death of Rosario Baluyot, an approximately 12-year-old street child, who died from septicemia and peritonitis caused by a foreign object (a portion of a sexual vibrator) lodged in her vaginal canal. The accused, Heinrich Stefan Ritter, a foreign national, was alleged to have brought Rosario and another child, Jessie Ramirez, to his hotel room, where the alleged rape and insertion of the object occurred. The incident gained public attention due to the victim's vulnerability and the nature of the crime, highlighting the plight of street children.

194 SCRA 607 , 272 Phil. 439 , G.R. No. 94283

Jagualing vs. Court of Appeals

4th March 1991

ak813608

The owner of the land along the margin nearest to an island formed in a non-navigable and non-floatable river has a better right to the island than those in actual possession of it, based on the principle of riparian ownership and accretion as provided in Article 465 of the Civil Code.

The Eduaves, private respondents, filed an action to quiet title over a parcel of land that had become an island in the Tagoloan River against the Jagualings, petitioners, who were in possession of the island. The Eduaves claimed ownership through inheritance and presented evidence of tax declarations and acts of ownership on the land prior to its becoming an island. The Jagualings claimed ownership through adverse possession.

194 SCRA 317 , 272 Phil. 147 , G.R. No. 83896 , G.R. No. 83815

Civil Liberties Union vs. Executive Secretary

22nd February 1991

ak233934

Executive Order No. 284 is unconstitutional because it allows members of the Cabinet, their undersecretaries, and assistant secretaries to hold multiple offices or employment in contravention of the express prohibition in Section 13, Article VII of the 1987 Constitution, which provides a stricter rule for these officials compared to the general rule for other appointive officials in Section 7, Article IX-B. The only exceptions to this prohibition are those expressly provided in the Constitution itself, or positions held in an ex-officio capacity without additional compensation and as required by the primary functions of their office.

Constitutional Law I Statutory Construction

The case arose from the issuance of Executive Order No. 284 by President Corazon C. Aquino on July 25, 1987. This E.O. allowed members of the Cabinet, undersecretaries, assistant secretaries, and other appointive officials of the Executive Department to hold, in addition to their primary positions, not more than two positions in the government and government corporations and receive corresponding compensation. This was issued following DOJ Opinion No. 73, s. 1987, which interpreted Section 13, Article VII in relation to Section 7, par. (2), Article IX-B of the Constitution. The practice of high-ranking executive officials holding multiple government posts, often with substantial emoluments, had been a contentious issue, particularly during the Marcos regime, and the 1987 Constitution sought to address this.

Brocka vs. Enrile

10th December 1990

ak940091

192 SCRA 183 , 270 Phil. 271 , G.R. Nos. 69863-65

The Supreme Court ruled in favor of the petitioners, granting the petition and permanently enjoining the trial court from proceeding with the cases. The Court held that criminal prosecution may be enjoined in cases of manifest bad faith, as demonstrated by the state officials' actions in this case.

The case arose during a period of political unrest in the Philippines, marked by demonstrations and strikes against the government. Petitioners, including prominent filmmakers and activists, were arrested during a jeepney strike and subsequently charged with Illegal Assembly and Inciting to Sedition. The case highlights the tension between the government's authority to maintain order and the protection of individual rights and freedoms.

192 SCRA 51 , 270 Phil. 151 , G.R. No. 86889

Luz Farms vs. Secretary of the Department of Agrarian Reform

4th December 1990

ak615135

Sections 3(b), 11, 13, 16(d), 17, and 32 of R.A. No. 6657 were declared unconstitutional to the extent that they included livestock, poultry, and swine raising within the agrarian reform program, as such activities are not consistent with the constitutional intent of agrarian reform.

Luz Farms, a corporation engaged in livestock and poultry raising, challenged certain provisions of R.A. No. 6657 arguing that livestock and poultry operations shouldn't be considered agricultural lands under agrarian reform laws. The petitioner claimed that the application of these provisions violated its property rights and due process.

269 Phil. 472 , G.R. No. 87636

Gonzales vs. Macaraig, Jr.

19th November 1990

ak708936

The President's item-veto power extends to "inappropriate provisions" in an appropriations bill that are essentially general law measures and do not relate specifically to a particular appropriation, and such provisions can be treated as "items" for the purpose of the veto.

The controversy arose from the President's exercise of the veto power over specific provisions in the General Appropriations Acts for Fiscal Years 1989 and 1990. Congress, in these acts, included provisions (Section 55 for FY 1989 and Section 16 for FY 1990) that aimed to prohibit the President and other designated officials from using savings to augment items of appropriation that Congress had disapproved or reduced from the President's original budget proposal. The President vetoed these provisions, citing them as unconstitutional infringements on the executive's power of augmentation and as violations of the constitutional provision allowing augmentation from savings.

G.R. No. 83122 , 191 SCRA 1

Valenzuela vs. Court of Appeals

19th October 1990

ak911327

A principal's power to revoke an agency agreement is not absolute and may not be exercised in bad faith or with an abuse of right; a termination tainted with bad faith makes the principal liable for damages. Furthermore, an agency is considered "coupled with an interest" and is not freely revocable by the principal when the agent has been induced to assume a responsibility or incur a liability, such that the agent would be exposed to personal loss if the authority were withdrawn.

Arturo P. Valenzuela had been a General Agent for the Philippine American General Insurance Company, Inc. (Philamgen) since 1965. Over thirteen years, he built a successful insurance agency. The dispute arose from a particularly large marine insurance account he secured from Delta Motors, Inc., which entitled him to a 32.5% commission. In 1977, Philamgen expressed its desire to share in this specific commission on a fifty-fifty basis, which Valenzuela consistently refused, asserting his rights under their existing General Agency Agreement.

186 SCRA 88 , 264 Phil. 450 , G.R. No. 73085

Republic vs. Intermediate Appellate Court

4th June 1990

ak579538

Forest lands and national parks are not subject to private appropriation; Spanish titles are not valid proof of ownership for unregistered lands after Presidential Decree No. 892.

Private respondents filed a complaint for quieting of title, asserting ownership over land based on a Spanish title. The Republic of the Philippines argued that the land was part of a forest reserve and national park, making it inalienable public land not subject to private ownership. The trial court and the Intermediate Appellate Court initially ruled in favor of the private respondents.

G.R. Nos. 75005-06 , 182 SCRA 322 , 261 Phil. 429

Rivera vs. Intermediate Appellate Court

15th February 1990

ak678217

A person who is proven to be a mere stranger to the decedent's estate has no legal personality to contest a holographic will, and consequently, their opposition does not trigger the mandatory legal requirement of presenting three witnesses to authenticate the testator's handwriting under Article 811 of the Civil Code.

The dispute arose over the estate of a wealthy resident of Mabalacat, Pampanga named Venancio Rivera, who died on May 30, 1975, prompting two different individuals from separate families to claim filiation and the right to the estate under conflicting premises—one claiming intestacy and the other seeking the probate of two holographic wills.